The American Lawyer just did a great piece on how the most successful international law firms operate. The article, The 7 Key Steps International Law Firms Should Take in 2013 to Ensure Themselves a Bright Future, lists a number of principles that a modern international firm should follow for success in the age of globalization. While the article is directed at firms with … [Read more...]
Get the International Business Law Advisor App.
Several years ago, we introduced the International Law Advisor App for the iPhone. We are thrilled with the enormous amount of interest it has generated. The International Business Law Advisor App is available as a free download here through the iTunes App Store. Simply enter the text “International Business Law Advisor” and you’re all set! Let us know what you think and … [Read more...]
Globalizing the Boardroom. Why U.S. Corporations Should Consider Hiring Foreign-Based Directors.
In Miami, where my international practice is based, there are over 100 multinational corporations with a presence here. Many of these companies are headed by a board of independent directors where at least one member is based in a foreign country. From working with many of these companies, I have found that these foreign-based members offer a a distinct worldview. … [Read more...]
Corporate Liability Under Kiobel. The Debate Over Universal Jurisdiction.
The SCOTUS blog recently held a symposium on Kiobel v. Royal Dutch Petroleum. Kiobel is one of the most important cases that will be decided by the U.S. Supreme Court in the new term that begins October 1, 2012. Kiobel was filed under the Alien Tort Statute (“ATS”), and alleges that subsidiaries of the corporate defendant planned, conspired and facilitated extrajudicial … [Read more...]
Study: CEO ‘Overconfidence’ Drives International Mergers & Acquisitions.
Over at the Harvard Law School Forum on Corporate Governance and Financial Regulation, there’s a an interesting post about an extraordinary study published in the Journal of Financial and Quantitative Analysis. In the study, CEO Overconfidence and International Merger and Acquisition Activity, the authors use a sample of CEOs from Fortune Global 500 firms to examine how CEO … [Read more...]
U.S. Court Rules Foreign Whistle-blowers Not Covered Under Dodd-Frank.
In a decision that is making waves in boardrooms all over the country, a U.S. District Court judge granted the dismissal of a lawsuit filed by a former General Electric Co. executive, who served as a representative for GE Energy in Iraq, under the Dodd-Frank Act. As C.W. Matthews of the Wall Street Journal reports, the court held that the anti-retaliation clauses of the Act’s … [Read more...]
U.S. Companies Facing Increased Litigation in France over Labor Practices.
U.S multinationals with operations in France are coming under increased pressure to justify laying off local workers. While corporations reducing the numbers of employees in France already face many regulatory hurdles, new rules set out in the French Labor Code have made it much more complicated for corporations in the country to lay off workers. A number of recent court … [Read more...]
The International Reach of U.S. Employment Laws. A Primer.
In recent months, I’ve represented several U.S. companies concerning their international employment practices. While I am being purposefully vague as to the details, it’s safe to say that employment- related liability for U.S. companies operating overseas is on the rise. I think part of this can be attributed to the fact that more U.S. companies are, for the first time, … [Read more...]
Corporate Liability Goes Before U.S Supreme Court. Troubling Paradox May Result.
Several weeks ago, I presented a webinar for the Florida Bar’s International Law Section Webinar Series titled 5 Ways Corporations Can Avoid International Liability. One of the five areas I focused on was corporate liability under the Alien Tort Claims Act (ATCA). It seems the timing could not have been better, as the U.S. Supreme Court is set to hear oral arguments on Tuesday … [Read more...]
What Multinational Corporations Need to Know About New Anti-Corruption Rules in the UK and China.
Several months ago, I received a call from the general counsel of a multinational corporation concerned about new anti-corruption laws that are now part of the international business law landscape. He was particularly concerned with the recently enacted UK Bribery Act, which he characterized as the FCPA “on steroids.” While the UK’s Bribery Act certainly has quite a bite, I … [Read more...]